By Attorney Henry Moyal
REFUGEE CLAIMANTS STILL GETTING POOR ADVICE FROM CONSULTANTS
Q. I’m over 50 years old and I entered Canada to visit my daughter about two years ago. My daughter does not have sufficient income to sponsor me at this time so my consultant suggested that I claim refugee status in order to buy time in Canada. My daughter will be getting married soon so we are hoping that her income will be more in future. My question is whether the refugee claim will be a factor in the sponsorship application if it eventually refused?
A. Ok, let’s see. You entered Canada two years ago and delayed your fear of persecution for two years. You then contacted a consultant who has no law degree or licence to practice law. You then admittedly filed a bogus refugee claim in order to simply buy time. Given those facts, I would have to say that your refugee claim will certainly be refused and it is unethical and improper for the consultant to file an application knowing it is false or turning a blind eye to the facts. In your defence, perhaps you were led to believe that the consultant was a lawyer as many of them give the impression that their office is a law office or perhaps they trick you with their name such as “ ABC Legal Services”. The bottom line is that the refugee system is designed to protect genuine claims and to simply clog up the courts to “buy time” is an abuse.
Secondly, if your daughter is getting married, her spouse would be able to be a co-signer to add to the family income. In my opinion, the bogus refugee claim was a bad decision and that a sponsorship application would be a better route. The reason is that a sponsorship application refusal gives rise to an automatic appeal right. At the appeal you can argue that your daughter now has sufficient income. Since sponsorships are taking over two years, it is likely that you will be deported by then and then you will need special authorization to return to Canada.
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario. The above article is general advice only and is not intended to act as a legal document. Send questions to Attorney Moyal by fax, phone or email canada@moyal.com
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